PAS TEST DURING DUI STOP IN CALIFORNIA
Many DUI arrests involve PAS test. PAS test is a “preliminary alcohol screening” test, accomplished through the usage of a portable DUI breathalyzer, dubbed a PAS device. Portable breathalyzers, or PAS devices, are carried by many police officers on patrol and are used as a tool in a DUI investigation. A DUI investigation usually begins after a traffic stop or a traffic collision. When a police observes a traffic violation and conducts a traffic stop, or when a police stop is dispatched to a traffic collision, he will look for any objective signs of intoxication from the drivers involved. If a police officer smells alcohol or observes a tired demeanor, an unsteady gait, extreme sleepiness or an unusual reactions, he might suspect that you are drunk driving. If so, he is likely to request you to submit to a voluntary drunk driving tests. Drunk driving tests are a series of tests that are done in the field and are therefore called, field sobriety tests.
The field sobriety tests, or FST’s, can be several of various tests, culminating with a PAS test DUI check, used to determine the presence of alcohol in your blood. Keep in mind that all FTS’s are voluntary and you do not have to submit to them.
Most of the time, the observation of a DUI police officer are very subjective and will result in an arrest, unless you can show the alcohol level in a PAS device that is below .08% BAC. For example, if you blow .07% BAC and you are not on a DUI probation or a teenager drunk driving, many police officers will ignore the slight errors on the FTS’s, such as a walk-and-turn test, a one-legged-stand test and a finger-to-nose tests.
A PAS device DUI investigation tool supposed to be used only to determine the presence of alcohol. Consequently, many police agencies have DUI suspects blow only one breath sample into a PAS breathalyzer machine. For example, it is not uncommon to have Riverside County DUI investigation officers to get only one sample of breath and arrest a DUI driver based on that one sample. However, one sample is inherently unreliable because a PAS dui results are reliable only when two samples fall within .02 of each other. In other words, two samples of .07% BAC level and .09% BAC are reliable whereas a .07% BAC and .010% BAC are not. This rule comes from the California Code of Regulations Title 17, section 1220.4. If a single PAS test result is reported, there is no confirmation of that results by the second test and the first test result can not be relied on to show a specific alcohol level. The law only allows that PAS test to be used to show the presence of alcohol.
A PAS device can be used to measure the alcohol presence but it can not be used to measure the level of alcohol. To register a breath sample, a 1.5 litter of breath needs to go through the PAS device. When a drunk driving driver does not provide a 1.5 litter of air, the PAS test can still get a sample of breath by a “manual trap” function. A manual trap will not account for the mouth alcohol and can incorrectly show an alcohol level that is not reflective of the true alcohol level. A DUI PAS test also is not equipped with a mechanism to eliminate the mouth alcohol. That mechanism is referred to as a a slope detector. If you are being prosecuted based on a pas DUI test alone, you can have your case dismissed with an aggressive Los Angeles DUI lawyer who knows the DUI law and science.
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